Lawyer Overcharged You? How to Dispute a Legal Bill and Get Money Back (Australia 2026)
Last updated · Reviewed by the Claim Done team · Not legal advice
Often, yes, but act fast. Lawyers must tell you in writing how they will charge and give an estimate of total costs. In NSW, Victoria and WA, if they did not, the costs agreement is void and you do not have to pay until the costs are assessed or the dispute is decided (Legal Profession Uniform Law ss 174, 178). You can dispute a bill with the state regulator, which can order fees reduced or refunded, but in those states the complaint is due within 60 days of the bill becoming payable. Fastest route: write to the firm, send a formal complaint letter, lodge with the regulator, send a final demand, then a costs assessment, tribunal or court.
Can you get your money back from a lawyer or conveyancer?
Legal bills are one of the few areas where the law gives you a special, cheap dispute process with its own regulator. It also has some of the strictest deadlines. The main rights:
- Costs disclosure. In NSW, Victoria and WA (the Legal Profession Uniform Law states), a law practice must, when or as soon as practicable after you first give instructions, give you in writing “the basis on which legal costs will be calculated” and “an estimate of the total legal costs”, and must tell you about “any significant change” (s 174). It must also tell you of your right to negotiate the costs, to receive a bill and an itemised bill, and to seek the regulator’s help with a dispute. Small matters are exempt: the Victorian regulator says written disclosure is needed when the work will cost more than $750. In Queensland and South Australia, the regulators say disclosure is required when costs are likely to exceed $1,500.
- Consequences of no disclosure. If a practice breaches the disclosure rules, “the costs agreement concerned (if any) is void”, you are “not required to pay the legal costs until they have been assessed or any costs dispute has been determined”, and the practice cannot sue you for them until then (s 178).
- Fair and reasonable costs. Lawyers must not charge more than fair and reasonable amounts, and a costs dispute or costs assessment tests exactly that.
- An itemised bill. If you get a lump sum bill, you can ask for an itemised bill within 30 days after the costs become payable, and the practice must provide it within 21 days (s 187).
- Consumer law. NSW Fair Trading says it can help “when a legal or conveyancing service you purchased was not of acceptable quality or what you asked for”. Services must be provided with due care and skill (s 60) and within a reasonable time (s 62).
What a firm cannot do: it cannot sue you for costs while a regulator is dealing with your costs dispute or while a costs assessment is under way (s 198(7)), and it cannot charge you for preparing or giving you its bill, according to the Victorian regulator. It can, however, refuse to hand over your file while fees are unpaid (a lien) and charge limited interest on overdue bills, so weigh up paying under protest if you need the file.
The most common problems with lawyers and conveyancers
1. No costs disclosure, or no estimate
If you never received a written estimate and the matter cost more than the disclosure threshold, the costs agreement may be void and the costs must be assessed before you pay. This is your strongest point if it applies.
2. A bill far above the estimate
The firm had to update you “as soon as practicable” after any significant change in likely costs. A final bill double the estimate with no update is a classic costs dispute.
3. A lump sum bill with no detail
Ask for an itemised bill within 30 days of the bill becoming payable. The itemised bill often shows charges you can challenge, such as internal emails, duplicated work or junior staff learning on your file.
4. Charged for work you did not ask for, or for the firm’s own mistakes
Time spent fixing the firm’s errors, or on steps you did not instruct, is hard to justify as fair and reasonable. Ask for it to be removed.
5. Delay that cost you money
A lawyer must avoid unnecessary delay and increases in costs. If delay caused you a loss, such as a missed deadline, it may be a consumer matter as well as a costs one.
6. Poor work that you had to pay someone else to fix
The Uniform Law regulator can order the lawyer to redo the work at no cost or to waive or reduce the fees for it. For larger losses, a negligence claim may be needed; get independent legal advice.
7. Conveyancing mistakes and settlement delays
Missed searches, wrong adjustments and late settlements can cost penalty interest or extra rent. Conveyancers are licensed in most states, and consumer law applies to their work.
8. Trust money problems
Money held in trust for you that is missing or not paid out is serious. Report it to the regulator immediately. Compensation funds exist in some states for dishonest dealing with trust money, for example the fund NSW Fair Trading administers for licensed conveyancers and South Australia’s Agents Indemnity Fund.
9. Refusal to hand over your file
A lawyer may hold your file while fees are unpaid. In the Uniform Law states, a regulator’s compensation order can discharge that lien.
Legal costs law and the regulators
How a costs dispute works in NSW, Victoria and WA
- Deadline. A costs dispute must reach the regulator within “60 days after the legal costs become payable”, or, if you asked for an itemised bill, “30 days after the request was complied with” (s 272). The regulator can accept it up to 4 months later only if that is just and fair and the lawyer has not started court action for the costs. The Victorian regulator says a bill more than 6 months old is too old for it to formally consider.
- Size limits. The regulator deals with a costs dispute where the total bill is under an indexed limit, or the amount in dispute is under a lower indexed limit (s 291). In Victoria, from 1 July 2026: total bills up to $31,440 can get informal resolution and possibly a costs review; $31,440 to $314,330, informal resolution or mediation; above that, informal resolution only, then VCAT or the Costs Court.
- What the regulator can order. To resolve a consumer matter fairly, it can order the lawyer to “redo the work that is the subject of the complaint at no cost or to waive or reduce the fees for the work”, to apologise, or to pay compensation (s 290). A regulator’s compensation order can be up to $25,000, and can stop the lawyer recovering, or require repayment of, amounts charged (s 308). The Victorian regulator describes this as the power to “reduce or refund legal costs up to $31,440”. Orders can be filed in court and enforced (s 310).
- Costs assessment. Separately, you can apply for an independent costs assessment within 12 months after the bill (s 198). While it runs, the lawyer cannot sue you for the costs.
Other states and territories
- Queensland: you have 12 months to apply for a costs assessment, from the earliest of receiving the bill, the lawyer asking for payment, or paying. The Legal Services Commission says costs assessments are only binding on lawyers if ordered by a court, and a detailed disclosure must tell you of your right to ask the Supreme Court or QCAT to set aside a costs agreement that is not fair and reasonable.
- South Australia: the Legal Profession Conduct Commissioner “must investigate complaints of overcharging which are received within 2 years” of the final bill. It can make a binding determination only after a costs assessor has assessed the costs and where the amount in dispute does not exceed $50,000, and may ask you to pay the assessment cost up front.
- Tasmania, the ACT and the NT: complaints go to the Legal Profession Board of Tasmania, the Law Society of the ACT and the Law Society Northern Territory. The ACT says a complaint must be made within three years of the conduct.
| State | Complaints about lawyers | Phone | Key time limit for bills |
|---|---|---|---|
| NSW | Office of the Legal Services Commissioner | 1800 242 958 | Costs dispute: 60 days after payable (Uniform Law s 272) |
| VIC | Victorian Legal Services Board + Commissioner | 1300 796 344 | Costs dispute: 60 days after payable (Uniform Law s 272) |
| WA | Legal Practice Board of Western Australia | (08) 6211 3600 | Costs dispute: 60 days after payable (Uniform Law s 272) |
| QLD | Legal Services Commission | 1300 655 754 | Costs assessment: 12 months |
| SA | Legal Profession Conduct Commissioner | (08) 7322 7222 | Overcharging complaint: 2 years from the final bill |
| TAS | Legal Profession Board of Tasmania | (03) 6226 3000 | Ask the Board; act quickly |
| ACT | Law Society of the ACT | (02) 6274 0300 | Complaint within 3 years of the conduct |
| NT | Law Society Northern Territory | (08) 8981 5104 | Ask the Society; act quickly |
Conveyancers
Licensed conveyancers are regulated separately from lawyers. In NSW, Fair Trading licenses conveyancers under the Conveyancers Licensing Act 2003 and handles consumer law complaints about conveyancing services (13 32 20). In Victoria, Consumer Affairs Victoria administers the Conveyancers Act 2006. In South Australia, a loss caused by a conveyancer may be claimed from the Agents Indemnity Fund, but only once you can show you have “no reasonable prospect of recovering the full amount of the loss” another way. In other states, start with the Fair Trading or Consumer Affairs office. If your conveyancing was done by a solicitor, the lawyer complaints body in the table above is the place to go.
What you can claim
- A reduction of the bill to a fair and reasonable amount, or a refund of what you overpaid.
- Fees for defective work waived, or the work redone at no cost.
- The cost of fixing a mistake, such as another lawyer’s or conveyancer’s fees to correct it.
- Losses caused by the failure, such as penalty interest from a late settlement, where they were reasonably foreseeable.
Worked example (round numbers, for illustration only). You are in Victoria. A firm gave you a written estimate of $4,000 for a contract dispute, never updated it, and sent a lump sum bill for $11,000. You paid $4,000 and asked for an itemised bill within 30 days; it arrived 3 weeks later and showed $2,500 of time spent redoing a document the firm itself got wrong. Within 30 days of receiving the itemised bill you lodged a costs dispute. A reasonable position is that the $2,500 should be waived and the rest tested for fairness against the estimate; the total bill is under $31,440, so the regulator can try informal resolution and may review the costs.
Evidence to gather
- The costs disclosure, estimate and costs agreement, and any updated estimates.
- Every bill, and the itemised bill if you asked for one.
- Your request for an itemised bill and the date you sent it.
- Receipts and bank records of what you paid, including money paid into trust.
- Trust account statements.
- Emails and letters showing your instructions and any change in scope.
- Evidence of mistakes or delay, and what they cost you (for example a settlement penalty notice).
- Any opinion from another lawyer or conveyancer about the work.
- A timeline with the date each bill became payable, so you can track the 60-day and 12-month limits.
How to get your money back: 5 steps
Step 1. Tell the firm in writing, and ask for an itemised bill
Write to the principal responsible for your bill. Say which charges you dispute and why, and what you want: a reduced bill, a refund of $X, or the work redone at no cost. If you received a lump sum bill, ask for an itemised bill in the same letter, within 30 days of the bill becoming payable. Give a short deadline, such as 7 business days, and keep a copy. Do not let this step run down the clock: in NSW, Victoria and WA the regulator deadline keeps running.
Step 2. No answer, a refusal or a runaround: send a lawyer complaint letter
Our lawyer complaint letter sets out the disclosure and billing rules that apply, what is wrong with the bill or the work, the amount you dispute and a 14-day deadline. It works for lawyers and for conveyancers, and it is the written attempt to resolve the matter that regulators and tribunals expect to see.
Send your lawyer complaint letter – $49
For a conveyancer whose poor work is mainly a consumer law issue, the Consumer Guarantee Letter ($49) also fits. For a refund the firm already agreed to pay, a general letter of demand ($49) works.
Step 3. Lodge with the regulator
Lodge a costs dispute or complaint with the body in the table above, attaching your letter and the firm’s reply. In NSW, Victoria and WA, lodge within 60 days of the bill becoming payable (or 30 days after an itemised bill you asked for), even if the firm is still talking to you. NSW’s Office of the Legal Services Commissioner suggests calling its inquiry line first. For a conveyancer, go to your state’s Fair Trading or Consumer Affairs office. In the Uniform Law states, the regulator can order fees waived or reduced, which other industry regulators usually cannot do.
Step 4. Money still owed to you: send the final demand
If you have already paid and a refund was agreed or ordered but not paid, or a conveyancer will not pay for a loss it caused, send a final demand that quotes your first letter, the response and the regulator’s reference or decision.
Step 5. Costs assessment, tribunal or court
Where the regulator cannot resolve it, the next step depends on the problem. For the size of a lawyer’s bill, apply for a costs assessment (within 12 months in the Uniform Law states and Queensland) or, in Victoria, go to VCAT or the Costs Court as the regulator advises. For a regulator’s compensation order the firm will not pay, file the order in court and enforce it. For a conveyancer’s poor work, or a consumer claim for a refund, the tribunal or court in the state where the business is can decide it (table below). For professional negligence with a large loss, get independent legal advice.
Prepare your tribunal application – $97
In WA, SA and Tasmania a consumer claim is a court claim, and the same service prepares it. To put your bills, disclosures and correspondence in order, use the Hearing Bundle ($97).
Where your claim goes in each state
For a dispute about the amount of a lawyer’s bill, the regulator and costs assessment (above) come first. For a consumer claim, such as a conveyancer’s poor work, file in the state or territory where the business is. For NCAT (NSW) and VCAT (Victoria) there is one exception: if the business is an individual or sole trader who lives in another state, the tribunal cannot decide the claim and it must go to a court instead (Burns v Corbett [2018] HCA 15). Companies and people living in a territory are not affected, and Queensland’s tribunal, QCAT, can hear disputes between residents of different states.
| State | Where to file a consumer claim | Money limit | Link |
|---|---|---|---|
| NSW | NSW Civil and Administrative Tribunal (NCAT), consumer claim | $100,000 | ncat.nsw.gov.au |
| VIC | Victorian Civil and Administrative Tribunal (VCAT), goods and services | No cap | vcat.vic.gov.au |
| QLD | Queensland Civil and Administrative Tribunal (QCAT), minor civil dispute | $25,000 | qcat.qld.gov.au |
| ACT | ACT Civil and Administrative Tribunal (ACAT), civil dispute | $25,000 | acat.act.gov.au |
| NT | NT Civil and Administrative Tribunal (NTCAT), small claim | $25,000 | ntcat.nt.gov.au |
| WA | Magistrates Court of WA, consumer/trader claim | $75,000 (minor case up to $10,000) | magistratescourt.wa.gov.au |
| SA | Magistrates Court of SA, civil claim | $100,000 (minor claim up to $12,000) | courts.sa.gov.au |
| TAS | Magistrates Court of Tasmania (Civil Division) | $50,000 (minor civil claim up to $15,000) | magistratescourt.tas.gov.au |
Filing fees change each year and depend on how much you claim and whether you hold a concession card, so check the current fee on the tribunal or court’s own fees page (linked in the table) before you file.
After you win: getting paid
In the Uniform Law states, a regulator’s compensation order can be filed in court and enforced as if it were a court order. If a firm or conveyancer still does not pay a tribunal or court order by its due date, the order can be enforced. In most states it is registered or filed with the court and enforced like a judgment: a garnishee order on the business’s bank account or money owed to it, seizure and sale of property, or an examination where the business must answer questions about its finances.
Tribunals do not collect the money for you. In NSW, Victoria, Queensland, the ACT and the NT, an unpaid tribunal money order is first registered, recorded or filed with a court. In WA, SA and Tasmania the Magistrates Court decides the claim, so you already have a court judgment. Then you apply for the court’s enforcement tools.
| State | How the order becomes enforceable | Garnishee: bank account and wages | Other options |
|---|---|---|---|
| NSW | Get a certified copy of the NCAT order (no fee) and register it with the Local Court (filing fee applies) | Yes: Form 69 with Form 70 (bank) or Form 71 (wages); no filing fee | Writ for the levy of property (Forms 65, 66); examination notice (Form 51 or 52) |
| VIC | Ask VCAT to have the order recorded at the Magistrates’ Court | Yes: attachment of debt (Form 71A or 71B); attachment of earnings (Forms 72A, 72B, with a hearing) | Warrant to seize property (Form 68A); oral examination (Form 67A); instalment order |
| QLD | File the QCAT order and an affidavit with a court (the Magistrates Court up to $150,000) within six years; free | Yes: enforcement warrant for redirection of debt (Form 76 or 77) or of earnings (Form 78), with Forms 9 and 74 | Seizure and sale (Form 75); enforcement hearing |
| ACT | File the sealed ACAT order and an affidavit in the Magistrates Court, serve Form 2.49, wait 7 days | Yes: debt redirection (Form 2.62 or 2.63); earnings redirection (Form 2.64) | Seizure and sale (Form 2.59); enforcement hearing (Forms 2.50, 2.51) |
| NT | Register the NTCAT order with the Local Court (certified copy and affidavit; no fee) | Yes: attachment of debts order; attachment of earnings order with a protected earnings rate | Warrant of seizure and sale; examination summons; charging order |
| WA | Already a court judgment; apply with Form 6 and the fee | Yes: debt appropriation order (Form 6, Form 2 affidavit); earnings appropriation order (individuals only, after an instalment order is broken) | Property (seizure and sale) order; means inquiry |
| SA | Already a court judgment; start through CourtSA, Enforcement tab | Yes: garnishee order (draft Form 148); wages protected to 90% of the weekly national minimum wage | Warrant of sale (Form 163); investigation or examination summons |
| TAS | Already a court judgment; file enforcement process at the registry ($49) | Yes: provisional, then final, garnishee order attaching a debt or earnings | Warrant to sell property; judgment summons and oral examination |
Questions people ask
How do I dispute a lawyer’s bill?
Write to the firm first and ask for an itemised bill if you only got a lump sum. Then lodge a costs dispute with your state’s legal regulator, or apply for a costs assessment. In NSW, Victoria and WA the regulator deadline is 60 days after the bill becomes payable, so do not wait. Our lawyer complaint letter ($49) sets out the disputed charges and a deadline.
How long do I have to dispute a legal bill?
In NSW, Victoria and WA, a costs dispute must reach the regulator within 60 days after the costs become payable, or 30 days after an itemised bill you asked for is provided. A costs assessment must be applied for within 12 months. Queensland also allows 12 months for an assessment, and South Australia’s Commissioner must investigate overcharging complaints made within 2 years of the final bill.
My lawyer never gave me a costs estimate. Do I have to pay?
In NSW, Victoria and WA, if the law practice breached its disclosure obligations, any costs agreement is void and you do not have to pay until the costs have been assessed or the dispute decided. You still have to pay fair and reasonable costs in the end, but this is a strong position. Disclosure is not needed for small matters, about $750 or less according to the Victorian regulator.
Can the Legal Services Commissioner make my lawyer refund me?
In NSW, Victoria and WA, yes, within limits. The regulator can order the lawyer to waive or reduce fees, redo the work at no cost, or pay compensation of up to $25,000, and can make binding costs determinations in smaller disputes. Victoria says it can order costs reduced or refunded up to $31,440. Larger bills go to costs assessment, VCAT or the Costs Court.
What can I do if my final bill is much higher than the estimate?
Your lawyer had to update the estimate as soon as practicable after any significant change in likely costs. If they did not, raise it in writing, ask for an itemised bill, and lodge a costs dispute in time. Our lawyer complaint letter compares the estimate with the bill and asks for the excess to be justified or removed.
Can my lawyer refuse to give me my file until I pay?
Generally yes: the Victorian regulator explains that a lawyer can exercise a lien over client documents for unpaid fees. You may choose to pay under protest to get the file and then dispute the bill. In the Uniform Law states, a compensation order can discharge a lien over documents.
Can my lawyer sue me while I am disputing the bill?
Not while the regulator is dealing with your costs dispute in Victoria, according to its own guidance, and not while a costs assessment is under way under the Uniform Law. If disclosure was not made, the firm also cannot sue until costs are assessed or the dispute is determined. Lodge your dispute early.
Who do I complain to about a conveyancer?
In NSW, NSW Fair Trading, which licenses conveyancers and handles consumer law complaints about conveyancing services. In Victoria, Consumer Affairs Victoria. In other states, start with the Fair Trading or Consumer Affairs office. If a solicitor did your conveyancing, complain to the legal regulator instead.
My conveyancer’s mistake delayed settlement. Can I claim the cost?
Usually you can claim losses that were a reasonably foreseeable result of the conveyancer failing to use due care and skill, such as penalty interest. Gather the settlement notices and the cost, write to the conveyancer, then go to Fair Trading. If it is not resolved, a consumer claim in a tribunal or court can decide it.
Is there a fund if my conveyancer took my money?
Some states have one. NSW Fair Trading’s register of licensed conveyancers records payments from the compensation fund it administers, and South Australia’s Agents Indemnity Fund covers losses caused by a conveyancer if you cannot recover the money another way. Report missing trust money to the regulator straight away.
Do I need another lawyer to complain about my lawyer?
Not for a complaint or costs dispute: the regulators are set up for clients to use directly, and NSW’s inquiry line can explain your options. Get independent legal advice for a negligence claim, a large loss, or a costs assessment of a big bill.
Can I complain about a barrister?
In NSW, the Office of the Legal Services Commissioner takes complaints about both solicitors and barristers. In the ACT, the Law Society says it cannot deal with complaints about barristers, so ask the ACT regulator where to go. In other states, contact the body in the table above.
Dealing with a different kind of business? See all our guides to getting your money back.
Sources
All sources checked 19 October 2026.
- Legal Profession Uniform Law (as applied in NSW, Victoria and WA), ss 174, 178, 187, 198, 272, 290-292, 306-311 (official WA consolidation): legislation.wa.gov.au
- Victorian Legal Services Board + Commissioner, disputing your bill and costs in writing: lsbc.vic.gov.au
- NSW Office of the Legal Services Commissioner, complaints: olsc.nsw.gov.au
- Legal Practice Board of Western Australia, complaints about lawyers: lpbwa.org.au
- Queensland Legal Services Commission, costs assessments and costs disclosure: lsc.qld.gov.au
- SA Legal Profession Conduct Commissioner, legal costs: lpcc.sa.gov.au
- Legal Profession Board of Tasmania, make a complaint: lpbt.com.au
- Law Society of the ACT, making a complaint: actlawsociety.asn.au
- Law Society Northern Territory, make a complaint: lawsocietynt.asn.au
- NSW Government, legal and conveyancing consumer rights: nsw.gov.au
- SA Government, claims against a real estate agent or conveyancer: sa.gov.au
- Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law), ss 60-64, 267: legislation.gov.au
- Tribunal and court limits and fees: NCAT, VCAT, QCAT, ACAT, NTCAT and the WA, SA and Tasmanian Magistrates Courts (links in the table above)
Claim Done is not a law firm and does not give legal advice. This page is general information. For a complex or high-value matter, speak to a lawyer or a free community legal centre.